What are the crimes against property? ... 401
ART. 293. Who are guilty of robbery... 402
Elements of robbery in general ... . 402
Highway Robbery (PD NO. 332) ... 403
Cattle Rustling (PD NO. 533) ... .... 404
Carnapping (RA NO. 6539) ... .... 404
Qualified carnapping ... ... 404
Robbery and theft compared ... ... 405
Distinctions between Robbery and Theft ... 405
SECTION 1. Robbery with Violence against or Intimidation of Persons……… ... ... 405
ART. 294. Robbery with violence against or intimidation of persons — Penalties ... ... 405
Acts Punishable ... ... 406
Crimes under Robbery with violence ... 407
1. Robbery with homicide ... ... 407
2. Robbery with homicide (even if there is Arson or rape) ... 407
3. Robbery with rape ... ... 407
4. Robbery with arson ... ... 407
5. Robbery with intentional mutilation ... 407
6. Robbery with Serious physical injuries ... 408
Robbery with homicide ... ... 408
Treachery can be appreciated only in crimes against persons: not applicable in robbery with homicide ... 408
If the main purpose is to kill and robbery is committed after the killing there will be separate crimes ... 411
When robbery is consummated but homicide is attempted or frustrated, there are two separate crimes ... 411
Robbery with intimidation ... ... 411
Robbery with rape ... ... 412
Two stages of execution in robbery and theft: Attempted and Consummated ... ... 413
ART. 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of firearm on a street, road or alley ... ... 414
When robbery with violence or intimidation of persons qualified ... ... 415
Robbery with serious physical injuries ... 415
ART. 296. Definition of a band and penalty incurred by the members thereof ... ... 415
Requisites... 416
ART. 297. Attempted and frustrated robbery committed under certain circumstances ... ... 416
ART. 298. Execution of deeds by means of violence or intimidation ... 416
Elements ... ... 417
ART. 299. Robbery in an inhabited house or public building or edifice devoted to worship ... . 417
This article deals with robbery with force upon things committed in ... ... 418
Elements under subdivision (a) ... ... 418
Elements under subdivision (b) ... ... 419
Robbery with force upon things ... .... 419
FIRST MODE: entering a house or building by any of the following means ... 419
Entrance through an opening not intended for entrance or egress ... 419
Entrance by breaking a wall, roof or floor or breaking any door or window ... ... 420
Entrance by using false keys, picklocks or similar tools ... 420
Entrance by using fictitious name or pretending to be a public authority ... ... 420
SECOND MODE: Where there is no force in entering a house or building ... ... 421
ART. 300. Robbery in an uninhabited place and by a band ... 422
ART. 301. What is an inhabited house, public building or building, but once inside dedicated to religious worship and their dependencies ... ... 422
What are dependencies? ... ... 423
ART. 302. Robbery in an uninhabited place or in a private building .. 423
Elements ... ... 424
ART. 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private building ... ... 425
ART. 304. Possession of picklocks or similar tools ... 425
Elements ... ... 425
ART. 305. False keys ... 425
CHAPTER TWO BRIGANDAGE
ART. 306. Who are brigands – penalty ... ... 426Elements ... ... 426
Presidential Decree No. 532 ... .... 427
Brigandage ... ... 427
Can a single person commit Brigandage? ... 428
Highway robbery under PD 532 distinguished from ordinary robbery on a highway ... 428
Mere fact that robbery was committed on a Philippine highway does not give rise to highway robbery or brigandage under PD No. 532 ... 428
Robbery with homicide: not highway robbery or brigandage under PD No. 532: was committee on board a passenger jeepney ... ... 429
ART. 307. Aiding and abetting band or brigands ... 429
Elements ... ... 429
CHAPTER THREE THEFT
ART. 308. Who are liable for theft ... .... 431Who are liable for theft? ... ... 431
When is taking considered complete? ... 432
Finders of lost property ... ... 432
Finder in fact ... ... 432
Finder in law ... ... 433
PD No. 133 (Theft of spare parts or materials) ... 433
PD No. 581 (Highgrading or theft of gold) ... 433
PD No. 1612 (The Anti-Fencing Law) ... 434
PD No. 1612 (The Anti-Fencing Law): Intent to gain is not an element ... ... 435
RA No. 6539 (The Anti-Carnapping Law) ... 435
Qualified carnapping ... ... 435
The crime is carnapping only if only attempted or frustrated homicide/murder is committed in the course of the carnapping ... ... 436
Carnapping not qualified theft (Boundary System) ... 436
What constitutes unlawful taking in carpnapping ... 436
PD No. 533 (The Anti-Cattle Rustling Law of 1974) ... 436
PD No. 705: Illegal Logging ... .... 437
Illegal possession of timber is malum prohibitum ... 437
Illegal logging: two distinct acts – punishable ... 437
ART. 309. Penalties ... 438
ART. 310. Qualified theft ... ... 439
When is the crime qualified theft? ... 439
Grave abuse of confidence ... ... 440
Cattle rustling, qualified theft of large cattle or estafa ... 440
Qualified theft is committed if only material possession is transferred ... ... 440
Estafa is committed when both material and juridical possession are transferred ... 441
Carnapping or qualified theft of motor vehicle ... 441
ART. 311. Theft of the property of the National Library And National Museum ... 442
CHAPTER FOUR USURPATION
ART. 312. Occupation of real property or usurpation of real rights in property ... ... 443Acts punished ... ... 443
Elements ... 443
PD No. 772 (Anti-Squatting Law) ... 444
ART. 313. Altering boundaries or landmarks ... 444
Elements ... ... 444
CHAPTER FIVE CULPABLE INSOLVENCY
ART. 314. Fraudulent insolvency... 445Elements ... ... 445
CHAPTER SIX SWINDLING AND OTHER DECEITS
ART. 315. Swindling (estafa) ... ... 446Elements of Estafa in general ... .... 448
Three Ways of Committing Estafa ... 449
1. Estafa With Abuse of Confidence ( Art. 315, Par. 1[A]) ... 449
2. Estafa By Means Of False Pretenses Or Fraudulent Acts (Art. 315, Par. [2]) ... ... 452
Violation of BP 22: (The Bouncing Checks Law) ... 454
Batas Pambansa Blg. 22 (Anti-Bouncing Checks Law) ... 454
How it is Violated ... ... 454
When is there Prima Facie Evidence of Knowledge of Insufficient Funds? ... ... 455
Exceptions ... ... 455
Each Act of Drawing and Issuing a Bouncing Check Constitutes a Separate Offense ... 456
The 90-Day Period is not an Element of BP 22 ... 456
A Person who is neither a Payee nor a Holder of a Bad Check has no Personality to Sue ... 457
Written Notice of Dishonor: Proof of Receipt is Necessary ... 457
Registry Return Receipt Not Proof Enough ... 458
It is not necessary to present the bank’s representative as a witness to testify on the dishonor of the check ... ... 459
Prescription Of BP 22 Cases ... .... 459
Violation of BP 22 Now Covered By The Rules On Summary Procedure ... ... 460
Effect of Accused’s Failure to Submit Affidavit ... 460
Distinguish Estafa From Violation Of BP 22 ... 460
3. Estafa Through Fraudulent Means (Art. 315, Par. [3]) ... 461
Elements of inducing another by means of deceit, to sign a document ... ... 462
ART. 316. Other forms of swindling ... .... 462
Other Forms Of Swindling ... . 462
Elements ... 463
ART. 317. Swindling a minor ... ... 464
Elements ... ... 464
ART. 318. Other deceits ... ... 464
Acts Punished ... ... 464
CHAPTER SEVEN CHATTEL MORTGAGE
ART. 319. Removal, sale or pledge of mortgaged property ... 466Elements of paragraph 1 ... ... 466
Elements of paragraph 2 ... ... 467
CHAPTER EIGHT ARSON AND OTHER CRIMES INVOLVING DESTRUCTION PRESIDENTIAL DECREE NO. 1613
ARTICLES 320–326 B Presidential Decree No. 1613, Amended the Law on Arson (75 O.G 3275-3277) (Articles 320-326B, RPC) ... 468Arson ... ... 468
Kinds of Arson ... ... 468
Destructive Arson is Burning of ... ... 468
Other Cases Of Arson ... ... 469
Special Aggravating Circumstances in Arson ... 469
ART. 327. Who are liable for malicious mischief ... 469
Elements ... ... 470
ART. 328. Special cases of malicious mischief ... 470
ART. 329. Other mischief ... ... 470
ART. 330. Damage and construction to means of communication ... 471
Circumstance Qualifying the Offense ... 471
ART. 331. Destroying or damaging statues, public monuments or paintings ... ... 471